JOHNSON v. METROPOLITAN LIFE INSURANCE CO.

3473, 104080/06.

79 A.D.3d 450 (2010)

913 N.Y.S.2d 44

JANET JOHNSON et al., Appellants, v. METROPOLITAN LIFE INSURANCE CO., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 7, 2010.


Plaintiffs are the beneficiaries of two life insurance policies that defendant issued. The insured, now deceased, executed applications for the policies partly in New Jersey and partly in New York. The insured stated on the applications that he resided in Kearny, New Jersey and worked there as well. The policies that defendant issued in reliance on the applications contain a "NJ" notation on some pages.

On the applications, the insured answered "no" to every question...

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